Tag Archives: ACOE

I guess one could say the St Lucie River is getting a new year’s present in that yesterday was the last scheduled release from Lake Okeechobee by the Army Corp of Engineers. The entire situation has a similar theme to an abusive relationship where the beaten thanks their oppressor for finally halting…

Due to Temporary Flight Restrictions (TFR) because of the President’s visit to Palm Beach, it was not possible to fly south along Jupiter Island from Witham Field in Stuart, however, when the wind and runway changed my husband, Ed, was able to get a few aerials at the Crossroads of the St Lucie River and Indian River Lagoon around Sewall’s Point. No seagrass, but the water already looks better.

After being decimated in 2013; part of 2015; toxic in 2016; and experiencing a no-holds-barred discharge rate since September 20, 2017, post Irma; we will continue to fight for the EAA Reservoir’s success and a better 2018 for our St Lucie River.

The Army Corp of Engineers has lessened but not stopped Lake O discharges that started September 20th, 2017 just prior to Hurricane Irma. Perhaps as the discharges have gone on at such a high rate for a comparatively long time, the plume has had a chance to extend its territory. In yesterday’s photos, the dark, filthy plume is reaching clearly south beyond the exclusive Town of Jupiter Island.

Yesterday was a beautiful day, but the river and ocean waters of our entire region were ugly, possibly contaminated. How are we to enjoy our property and lives here?

When viewing the aerials below, please note the blue, sapphire-colored water just on the edge of the discharge plume. Yes, of course all estuaries put forth darkened fresh water after a rain event, and Ed and I could see this occurring just south at Jupiter Inlet. Nonetheless, the black, gigantic plume that we repeatedly endure for the St Lucie River/Indian River Lagoon due to discharges from Lake Okeechobee is an aberration.

Please let’s all support Joe Negron and the public’s work to build the EAA Reservoir; clean & send the water south!

Lake O discharges: http://w3.saj.usace.army.mil/h2o/reports.htmLooking south along the southern most area of Jupiter Island.Looking north along Jupiter Island-dark ocean waters. Jupiter Narrows an extension of the IRL on left.Plume -looking north along Atlantic coastEdge of plume; note clean sapphire colored water juxtaposed to dark Lake O/canal plumeAnother angle, Jupiter Island, looking south-blur due to wind and camera movementBack at St Lucie InletIRL, note bare bottom. This area is known as the Sailfish Flats and once had hundreds of acres of seagrass beds.The Sandbar, a popular weekend recreational area for boaters, especially families, surrounded in dark Lake O discharge waters. This is a health issue.Barren Sailfish FlatsSand bottom with no seagrass between Sewall’s Point and Sailfish Point. An area once teaming with life.The Crossroads — no seagrass beds just sand bottomIRL looking northSt Lucie River near St Lucie Inlet dark as coffeeNorth of St Lucie Inlet the plume covers near shore protected reefs as it does south of the inlet.Blue!The plume as viewed from under the wing of the CubPlume edge: The tainted water we are given by our government; the blue –the water we should have by God & Nature.

Last Thursday on November 16, the ACOE reported they will reduce the amount of water they are releasing from Lake Okeechobee. The Corp had been releasing at a high rate, on and off, since September 20th. New targets are 2800 cfs east and 6500 cfs west.

Photos below were taken yesterday, 11-19-17 by my husband, Ed Lippisch. We will continue to document the discharges from Lake O, and area canals.

As Thanksgiving approaches, we are thankful the discharges are lessened and that the SFWMD and the public are working hard to plan the EAA Reservoir Senator Negron fought for… We the people of Martin County, will not be satisfied until these discharge stop. The river has its hands full with unfiltered discharges draining agriculture and developed lands from C-23, C-24, C-25 and C-44. All must be addressed.

“And where the river goes, every living creature that swarms will live, and there will be very many fish. For this water goes there that the waters of the sea may become fresh; so everything will live where the river goes…” Ezekiel

SFWMD canal and basin map. C-44 canal is the canal most southerly in the image and was connected to Lake O in 1923. C-23, C-24 and C-25 were built later in the 50s as part of the Central and South Florida Project that over-drianed South Florida causing many of the water problems we live with today.Atlantic ocean off Jupiter Island, plume water moving south over nearshore reefsIRL near Sailfish Flats where seagrass forests used to flourish housing many fish…Hutchinson Island looking to IRLRoosevelt Bridge SLRC-23 SLR

A lone sailboat is a sea of blackness, confluence of the St Lucie River/Indian River Lagoon, once considered the most biodiverse estuary in North America and full of seagrasses, a nursery for the ocean..http://w3.saj.usace.army.mil/h2o/plots/s308h.pdfI am very fortunate to have a small army of people helping me document the Lake Okeechobee discharges this year. Presently, it is the tremendous rate of government sponsored discharge from Lake O that is destroying the regions’ economy and ecology, right before our eyes, ~once again.

Friends of my husband, pilots Dave Stone and Scott Kuhns, took these aerials yesterday, 11-8-17 around 5 pm. When I asked Scott about the plume, he relayed that it went 15 miles south almost all the way to Jupiter Inlet, and since there is also rain driven, fresh, dark- stained water flowing out of the Jupiter Inlet (not over-nutrified, black-sediment water from Lake O) there was no clear delineation of blackened plume to aqua ocean water, like usual–rather, the waters are all dark….

“How far did the plume go east from the St Lucie Inlet?” I asked. “From the coast, as far as the eye could see…”

End of plume, near Jupiter InletAnother angle end of plume near Jupiter InletUp close of a boat in the plume. Look at the sediment! Covering what once was seagrasses and killing our near shore “protected” reefs.Plume in black water. Brown on black. The ocean? You’d think it was an oil spill.Plume as seen at mouth of St Lucie Inlet near multi million dollar homes in Sailfish Point.Plume at mouth of St Lucie Inlet on south side as seen against Jupiter Island’s state park/Jupiter Narrows.A lone sailboat is a sea of blackness, St Lucie River/Indian River Lagoon, once considered the most biodiverse estuary in North America and full of seagrasses, a nursery for the ocean.Plume exiting St Lucie InletThe north Jetty at the St Lucie Inlet with plume waters going into the Atlantic Ocean. The plume goes east for many miles.

*The ACOE has been discharging from Lake O since Hurricane IRMA hit on Sept 2oth, 2017. The rate of discharge has gone up and down, however increasing over recent weeks. Word is the St Lucie could be dumped on for many more months, possibly through the end of the year. So don’t count on taking your visiting relatives out fishing this holiday season even though you moved here for the water. This ecological disaster is finally seeing light at the end of the tunnel as Senator Joe Negron, alongside the public, and “River Warrior” groups, particularly Bullsugar, has pushed so hard that the SFWMD and ACOE are finally working towards building an EAA Reservoir that will begin the long journey of changing water drainage culture in South Florida, and “sending the water south.” Please get involved and learn more by viewing this SFWMD EAA RESERVOIR website:https://www.sfwmd.gov/our-work/cerp-project-planning/eaa-reservoir

*Thank you to the people, and the children, groups such as the C4CW, Rivers Coalition, grandparents’ HOA email chains, leadership at Martin Health System, and to the those working for the agencies trying to help the St Lucie. As the River Kidz say:

Florida’s constitution is important, not only because it is the ultimate law of the state, but because it sets the people’s values before the legislative, executive, and judicial branches. These words are a reference in times of question and must be clearly written on the side of the citizen.

(a) It shall be the policy of the state to conserve and protect its natural resources and scenic beauty. Adequate provision shall be made by law for the abatement of air and water pollution and of excessive and unnecessary noise and for the conservation and protection of natural resources.

Because this language is vague, ( what is adequate provision? ), and case law is sparse, these words become “overruled” by Florida Statute that clearly gives “permit holders” standing over citizens, and of course the environment making the present environmental protections in the state constitution “inadequate.”

“No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.”

So a citizen is not at liberty to sue if a polluting entity is causing environmental destruction that is acting or conducting operations pursuant to a currently valid permit protected by a state agency. And if someone attempts to sue anyway, they have no real standing in a Florida court of law.

Hmmm?

~But, what if a sinkhole spanning 45 feet opened at a Mosaic phosphate fertilizer facility leaking 215 million gallons of “slightly radioactive water,” but this news did not get to the people who have wells in the area for weeks?

~What if the Army Corp of Engineers, and the South Florida Water Management District knew they were discharging billions of gallons of toxic algae from Lake Okeechobee into a community’s river making some citizens sick, yet there was no discussion, warning, or health notices posted until the entire ocean ran green?

~What if an entity could withdraw so much water from a spring or aquifer that….

What if, is now reality.

Yes, permit holders should be “protected,” nonetheless, having a valid permit should not be a right to infringe on the health, safety, and welfare of Florida citizens. Florida citizens and their environment co-exist. When necessary, citizens should have the right to fight for a clean and healthy environment.

We all know that many of Florida’s waters are “growing greener, and more toxic.” This was recently reported by TCPalm’s Jim Turner:

“The 2016 report from the Florida Department of Environmental Protection shows a mixed bag for the state’s waters, with many trending toward more-frequent toxic algae blooms, fueled by rising nitrates from farm and residential fertilizers, sewage, pet waste and other human-related sources.”

Florida’s “impaired” waters are growing, not decreasing. More springs, rivers and lakes are in horrible condition. We see it. Like it or not, the only way to ensure an “adequate” future for Florida’s citizen’s and her waters is to find a way to create acceptable language giving people a constitutional right to a clean and healthful environment.

CRC - 2017P 23By Commissioner Thurlow-Lippisch
thurlowlj-00038-17 201723__
1 A proposal to amend
2 Section 7 of Article II of the State Constitution to
3 establish that every person has a right to a clean and
4 healthful environment.
5
6 Be It Proposed by the Constitution Revision Commission of
7 Florida:
8
9 Section 7 of Article II of the State Constitution is
10 amended to read:
11 ARTICLE II
12 GENERAL PROVISIONS
13 SECTION 7. Natural resources and scenic beauty.--
14 (a) It shall be the policy of the state to conserve and
15 protect its natural resources and scenic beauty. Adequate
16 provision shall be made by law for the abatement of air and
17 water pollution and of excessive and unnecessary noise and for
18 the conservation and protection of natural resources.
19 (b) Those in the Everglades Agricultural Area who cause
20 water pollution within the Everglades Protection Area or the
21 Everglades Agricultural Area shall be primarily responsible for
22 paying the costs of the abatement of that pollution. For the
23 purposes of this subsection, the terms "Everglades Protection
24 Area" and "Everglades Agricultural Area" shall have the meanings
25 as defined in statutes in effect on January 1, 1996.
26 (c) The natural resources of the state are the legacy of
27 present and future generations. Every person has a right to a
28 clean and healthful environment, including clean air and water;
29 control of pollution; and the conservation and restoration of
30 the natural, scenic, historic, and aesthetic values of the
31 environment as provided by law. Any person may enforce this
32 right against any party, public or private, subject to
33 reasonable limitations, as provided by law.

Proposal #23 was a public proposal. It was created by Traci Deen and her students at Barry University. I sponsored their publicly submitted proposal #700450. There were other proposals also on the “rights of environment/nature” topic including 7000672 by Richard Silvestri; 7000216 by Trevor Tezel; 700739 by Richard Grosso; —submitted to Article 1, Declaration of Rights, 700558 a Florida Environmental Bill of Rights by Paul Laura; and the Rights of Nature submitted independently by Mr. David Hargrove. Thank you to all and the many others!

If you have any ideas or would like to comment, please write me directly at jacqui.lippisch@flcrc.gov or at this blog post.

*This proposal will go before the Judicial Committee on November 28 and if it makes through that committee it will go through the General Provisions committee. You can write committees here to support or express concerns:http://flcrc.gov/Committees

If the discharge waters of Lake Okeechobee filled up the City of Stuart, Florida. Last Thursday, they would have reached the top of Stuart’s iconic water tower that stands at 134 feet.

Stuart, North of Monterey.

Whereas, if the ACOE’s discharge waters of Lake Okeechobee were “filling up the City of Stuart,” last Thursday, October 26, these polluted waters, would have reached the top of Stuart’s iconic 134 foot water tower…

Whereas, once again, our economy and ecology is completed devastated, and high bacteria levels in the water are exacerbated therefrom….We shall remember this day…

We shall, therefore, designate, Thursday, October 26, as “Water Tower Day” and say together: “Lake O discharges have reached the top; this must STOP!”

– In the lost summer of 2013, Stuart/Martin County received 284 “Stuart Feet”, 2.1 times the height of the tower.

– In 2017, the gates did not open until September 5. So it took only 52 days to accumulate that same amount of discharges!

– In 2013, the discharges started on May 8 (with the exception of some small pulses earlier in the year). That year, it took 91 days to hit a cumulative “134 Stuart Feet” – on August 7.

In other words, the discharges have been almost twice the rate as they began in 2013. You can see this in the slope of my brother’s graphs in the web page above. This doesn’t really mean a lot though. In 2013 the discharges didn’t really begin to accelerate until mid-July. At that point, the rates of discharge were comparable to what we are getting now.

– At the current average of about 4200 cfs, we would hit the 2013 total of 284 Stuart feet in another 42 days (December 9). If they are saying the discharges could continue for months, this could happen. We could have another record year, even though the disaster didn’t start until September. Maybe they will throttle it back a little or start pulsing again so it won’t be the case. In any event, this is already another lost year…

(This blog post was based on writing and ideas by my brother and contributing blogger, Todd Thurlow, http://www.thurlowpa.com)

* I edited this post from “today” to “last Thursday.” An ever rising story. 🙂 JTL